KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE unsuccessful applicant, a registered owner of truck bearing Registration No. MP09K -5586 has directed this application u/s 482 CrPC against the order dated 13.7.98 and 5.8.98 respectively rendered by ACJM Sarangpur and ASJ Shajapur in Misc. Criminal Case No. 60/98 and Criminal Revision No. 102/98, thereby refusing interim custody of the aforesaid vehicle in favour of the applicant.

(2.) BRIEFLY stated the facts of the case are that at the time of the incident, on search, about 6000 kg. of powdered hump was found illegally transported in the said truck. Police Sarangpur seized the alleged powdered hump and the truck bearing Registration No. MP09K -5586 and registered an offence u/s 34A of Excise Act against the driver of the said truck. The applicant, who is a registered owner of the said truck, filed an application u/s 457 CrPC for grant of interim custody' of the truck in question during the pendency of the trial. The trial Magistrate, rejected the application. A revision filed against the order of the Magistrate was also dismissed by the impugned order of the ASJ, Shajapur. Aggrieved the applicant has filed this petition u/s 482 CrPC.

(3.) AS against this, learned Panel Lawyer appearing for the State supported the impugned orders and submitted that the truck in question is seized in connection with a crime registered u/s 34A of the Excise Act for illegally transporting large quantity of powdered hump in contravention to the provisions of the said Act. The counsel also submitted that under the provisions of the Central Excise Act, the seized truck is liable to be confiscated. As such, no interference is necessary in the impugned orders.